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TMI Blog2023 (12) TMI 1359X X X X Extracts X X X X X X X X Extracts X X X X ..... Station CBI, Anti-Corruption Branch Lodhi Road, Delhi, for a period of twelve weeks on medical grounds. GRIEVANCE OF THE APPLICANT 2. The Grievance of the applicant, in a nutshell, is that the applicant is not being provided proper and appropriate treatment in terms of post-epidural care in the prison premises, and thus, the applicant seeks that he be released on interim bail, in order to get appropriate treatment from Indian Spinal Injuries Centre, Vasant Kunj, Delhi. 3. Mr. Tanveer Ahmed Mir, learned counsel for the applicant, states that the applicant was arrested in the present case on 1-3-2023 and has been incarcerated since then and is presently lodged in Jail No.7, Tihar Jail, Delhi. It is stated that the applicant had preferred an appeal seeking extension of duration of medical examination and treatment at Indian Spinal Injuries Centre, Vasant Kunj, New Delhi which was dismissed by this Court vide order dated 17-11-2023 wherein this Court had directed the jail authorities to ensure that the applicant is provided with the treatment as prescribed by the doctors concerned. It is argued that the present interim bail application has been preferred owing to the lack of facilit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of his neurological condition. It is submitted that if the applicant is not able to receive the necessary post-epidural care, as prescribed to him, after the painful and complex procedure of transforaminal epidural steroid injections, it may lead to worsening of the medical condition of the applicant which might also result in an urgent need of life-threatening surgery. It is also submitted that the facilities available in the jail where the present applicant is lodged are of a general nature, and are inadequate to monitor proper health of the applicant, who is suffering from multiple serious ailments. Thus, it is argued that the jail premises itself is not equipped to provide special and intensive treatment and care that the applicant is in need of. In these circumstances, it is prayed that the applicant be enlarged on interim bail, on medical grounds, for a period of 12 weeks. ARGUMENTS ADDRESSED ON BEHALF OF DIRECTORATE OF ENFORCEMENT 4. Mr. Zoheb Hossain, learned Special Counsel for Directorate of Enforcement, vehemently opposes the present application seeking interim bail and argues that the applicant has been receiving appropriate medical care within the jail premises an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... licant, had dismissed the application for extending the duration of medical treatment of the applicant at the concerned hospital. The relevant portion of the order dated 17.11.2023 of this Court reads as under: "...6. The applicant, at this stage, is before this Court to press an application for extension of the duration of medical examination and his treatment at Indian Spinal Injuries Centre, Vasant Kunj, Delhi, in furtherance of order dated 16.10.2023 of this Court. 7. In the present case, the medical condition of the applicant and his valuable right to seek proper medical treatment was considered by this Court while granting him relief vide order dated 16.10.2023. Fortunately, the same has resulted into his medical condition improving as reflected in the report dated 06.11.2023. 8. This Court notes that the status of current medical condition of the applicant has been verified from the concerned hospital and a detailed medical report dated 06.11.2023 in this regard has been placed on record, which has been prepared by Associate Director, Department of Spine Services, Indian Spinal Injuries Centre, Vasant Kunj, Delhi. The said report opines that the medical condition of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs concerned, and as per the jail referral policy. 8. The applicant, at this stage, is before this Court to press an application for interim bail on the ground that the medical staff at the Jail Hospital is not being able to provide physiotherapy sessions and epidural steroid injection for C3-C4 joint which have been prescribed by his treating doctor. It has been argued by the learned counsel for the applicant that the jail medical facilities do not have equipments needed for specialized physiotherapy sessions, including IFT, TENS, and Ultrasonic Sessions, which have been prescribed to the applicant in terms of post epidural care after his surgery. It has also been argued that the applicant cannot travel daily in the jail ambulance to another jail premises for the purpose of physiotherapy sessions nor can he travel outside jail premises, as that may lead to worsening of his neurological condition and may also lead to paralysis of his upper limb on account of vibrations and discomfort from such movements. ii. Medical Condition of the Applicant 9. This Court after considering the grievance of the applicant had directed, vide order dated 14.12.2023, the Superintendent, Jail No. 7, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s are being provided him from jail dispensary. " 10. Thus, the medical report dated 16.12.2023 reveals that the machines needed for the physiotherapy sessions of the applicant, i.e. IFT and ultrasonic machines are not available in Central Jail-07 dispensary. However, it has also been stated that the same can be provided at different jail dispensaries in the prison complex or at the higher centres as per Jail Referral Policy. A perusal of the report also reveals that the applicant had submitted an application for not sending him to any outside OPD as he was under serious discomfort due to constant jerks/vibrations during the transit to any hospital outside the prison. 11. This Court, after considering the medical history of the applicant and the medical status report filed on record, notes that the medical facility at the prison complex, at this stage, is not able to provide appropriate medical care which is required by the applicant in terms of post-epidural care. The dispensary at Central Jail-07 does not have the required medical equipment required for physiotherapy sessions of the applicant. This Court also notes that the applicant, due to his medical condition which relates t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstitutional rights. 24. Thus, according to the definition under the Prisoners Act, there is a convict, there is an under- trial and there is a civil prisoner who may be a detenu under preventive detention law. None of the three categories of prisoners lose their Fundamental Rights on being placed inside a prison. The restriction placed on their right to movement is the result of their conviction or involvement in crime. Thus, a person (prisoner) is deprived of his personal liberty in accordance with the procedure established by law which, as pointed out in Maneka Gandhi v. Union of India, [1978] 1 SCC 248 = 1978 (2) SCR 621 = AIR 1978 SC 597, must be reasonable, fair and just. ****** 27. In Francis Coralie Mullin v. The Administrator, Union Territory of Delhi, [1981] 1 SCC 608 = AIR 1981 SC 746 = 1981 (2) SCR 516, the Court held that Right to Life means the right to live with basic human dignity 28. Thus, the Fundamental Rights, which also include basic human rights, continue to be available to a prisoner and those rights cannot be defeated by pleading the old and archaic defence of immunity in respect of sovereign acts which has been rejected several times by this Court. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xtended health care is not part of his sentence. Similarly, in case of under trial prisoners, this fact becomes even more significant as some of the under trials may be suffering from serious diseases or may contract or suffer from serious diseases which may have the potential of being fatal or potentially disabling. This has led this Court to consider that the basic right of a citizen while being incarcerated to health care is not obliterated or surrendered to the State. Prisoners are human beings too and they retain some undeniable human rights which have to be acknowledged by every Court of law and the State. Respect for, and the resolute of the Court's to unfalteringly uphold the human rights of the prisoners as a constitutional Court has traditionally been in India evidenced in the various judgments of the Apex Court and this Court. 21. It is important to recognize that the responsibility for ensuring the well-being of individuals in judicial custody lies squarely with the State Government. Prisons, as custodial institutions, must provide not only security but also essential medical facilities to meet the healthcare needs of inmates. It is also the duty of the State to en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l facilities and the prisoners in case of special needs will have to be first referred to the referral hospitals as per jail referral policy and in case, such treatment as required or recommended for them is not adequate or available in those hospitals, they can be allowed by the order of a Court to be treated at a hospital where the treatment required by them is available, thus, ensuring that their health is not compromised with. CONCLUSION i. The Decision 27. At this stage, this Court notes that the medical facilities available at the jail dispensary is not able to provide the medical treatment which is required by the applicant, as advised by the doctors concerned in terms of post-epidural care after his spinal surgery. Thus, considering that at this stage, no immediate arrangement can be made by the jail dispensary for ensuring appropriate medical care. of the applicant, this Court deems it fit, for the purpose of ensuring that a balance is struck between the right of the prisoners to appropriate medical care and the right of the State to ensure rule of law, to allow the request of applicant to get the required physiotherapy treatment at the Safdarjung Hospital, Delhi. In ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting the applicant. (j) The learned counsel for the applicant will be allowed legal interview with the applicant, as per jail manual and rules. ii. Directions to the Government of NCT of Delhi 29. This case serves as a reminder that the quality of medical care within correctional facilities must be held to high standards, with a focus on the well-being and rehabilitation of inmates. The State Government has a moral and legal obligation to ensure that the healthcare needs of inmates are met with the same diligence and commitment as any other citizen. 30. This Court observes that Government of NCT of Delhi is responsible for the management and maintenance of the prison premises. Since, it is crucial to have appropriate medical care system in the prisons which meets the requirements of the inmate patients, thus, the following directions are being issued to the Government of NCT of Delhi by this Court: (a) This Court directs the Secretary (Home), Government of NCT of Delhi, and Secretary, Health and Family Welfare, Government of NCT of Delhi to ensure that the health care requirements of the prison inmates are met and adequate medical infrastructure in the jail premises is maint ..... X X X X Extracts X X X X X X X X Extracts X X X X
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